EXPLANATORY STATEMENT
STATUTORY RULES 1990 NO. 93
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE SCIENCE AND PERSONNEL
MILITARY FINANCIAL REGULATIONS (AMENDMENT)
The Military Financial Regulations (“the Regulations”), made under the Defence Act 1903 prescribe certain financial conditions of service for members of the Army.
Regulations 48 to 60 of the Regulations provided for the allotment of the salary of members of the Army. These provisions enabled members to make voluntary allotments from their salary, dealt with compulsory deductions, and provided for the temporary continued payment of some allotments where members died or were reported missing on active service.
The Attorney-General’s Department advised that legislative cover for voluntary allotments was unnecessary and that the provision that dealt with voluntary allotments was therefore redundant. In addition, the provisions that dealt with compulsory deductions have been progressively superseded by other legislation (including the attachment of salaries provision in section 120B of the Defence Act 1903, the maintenance provisions in the Family Law Act 1975 and Child Support Act 1988,
the reparation provision in section 84 of the Defence Force Discipline Act 1982 and the damage to public property provisions in Part XIIA of the Audit Act 1901). The provisions that dealt with members of the Defence Force who die or are reported missing on active service have also been superseded, by the Defence Force Retirement and Death Benefits Act 1973, which ensures payment of pension to dependants once death is established. (Full salary accrues until death is established.)
The Statutory Rule repeals Division 7 of Part II of the Regulations, which contains only the unnecessary regulations 48 to 60. However, a savings provision ensures that the repeals do not affect the ability of members to make voluntary allotments, and that existing allotments will not have to be remade.
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Military Financial Regulations (Amendment) Statutory Rules 1990 No. 93 were enacted to address redundancies and outdated provisions in the allotment of salaries for members of the Army under the Defence Act 1903. This amendment was issued by the authority of the Minister for Defence Science and Personnel to streamline and modernise the financial regulations concerning military personnel. The policy objective was to eliminate unnecessary legislative cover for voluntary allotments and to update the compulsory deduction provisions that had become superseded by other legislation, ensuring a more coherent and efficient legal framework. The savings provision included in the amendment ensures continuity for existing allotments and the ability of members to make voluntary allotments, despite the repeal of the relevant sections. The Statutory Rule was designed to come into effect immediately upon gazettal, ensuring prompt implementation of the necessary changes.
Scope and Application
The Military Financial Regulations (Amendment) Statutory Rules 1990 No. 93, issued by the authority of the Minister for Defence Science and Personnel, addresses specific financial conditions of service for members of the Army. These regulations primarily concern the allotment of the salary of Army members, including voluntary allotments, compulsory deductions, and temporary continued payments in cases where members die or are reported missing on active service. The scope of the Act is limited to the financial regulations governing salary allotments and deductions for Army members, which have been deemed redundant or superseded by other legislation. The Act’s jurisdictional reach applies within the Commonwealth of Australia, specifically under the Defence Act 1903. The Act repeals Division 7 of Part II of the Regulations, comprising regulations 48 to 60, while ensuring that any existing allotments remain valid and the ability to make new allotments is preserved through a savings provision. This amendment does not extend or restrict application through subordinate instruments.
Key Provisions
The primary operative sections of the Military Financial Regulations (Amendment) Statutory Rule (No. 93 of 1990) concern the repeal of certain regulations governing the allotment of salaries for members of the Army. Specifically, Division 7 of Part II of the Regulations, which encompasses regulations 48 to 60, is repealed. These regulations previously dealt with voluntary allotments from salary, compulsory deductions, and the temporary continued payment of allotments in the event of a member's death or being reported missing on active service. Despite this repeal, the savings provision ensures that the ability to make voluntary allotments is not affected, and existing allotments remain in place without needing to be remade.
The obligations and requirements imposed by the Regulations, as amended by this Statutory Rule, primarily involve ensuring that the financial management of Army members' salaries is streamlined and aligned with current legislative frameworks. For example, members are no longer subject to the specific compulsory deduction regulations that have been superseded by other laws, such as the attachment of salaries provision in section 120B of the Defence Act 1903, the maintenance provisions in the Family Law Act 1975 and Child Support Act 1988, the reparation provision in section 84 of the Defence Force Discipline Act 1982, and the damage to public property provisions in Part XIIA of the Audit Act 1901. Additionally, the provisions concerning members who die or are reported missing on active service are superseded by the Defence Force Retirement and Death Benefits Act 1973, which ensures that pension payments to dependents are made once death is established.
There are no direct offences, penalties, or consequences outlined in the Statutory Rule itself. However, any breach of the repealed provisions prior to the repeal would have been subject to the penalties and consequences as per the original regulations. These would typically include financial penalties, administrative actions, or disciplinary measures as prescribed by the superseded legislation. For instance, failure to comply with the attachment of salaries provision under section 120B of the Defence Act 1903 could result in the attachment of salary for debts owed, while breaches of the maintenance provisions could lead to legal action under the Family Law Act 1975 or Child Support Act 1988. Given the repeal, these regulations no longer apply, and compliance with the current legislative frameworks is necessary.
In summary, the Military Financial Regulations (Amendment) Statutory Rule (No. 93 of 1990) effectively streamlines the financial regulations for Army members by repealing outdated provisions while ensuring continuity for existing allotments through a savings provision. This amendment aligns the financial management of Army salaries with current legislation, eliminating unnecessary regulations and ensuring that members are governed by the most relevant and up-to-date laws. The repeal comes into effect on the date of gazette, and while it removes specific regulations, it does not introduce new penalties or consequences, only requiring adherence to the superseded legislative frameworks.